BHOLASONS EXPORTS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Mr. Justice M.B. Shah, President-The facts in this case are similar to the facts narrated in OP 217 of 1997, OP 47 of 1998 and OP 296 of 1998. In all the three cases, this Commission, on 29th September, 2006, pronounced a common order granting relief to the complainants. This is the fourth case.

(2.) In all these four cases, the complainants are jewellers. Consignments of jewellery were exported at about the same time by the said four jewellers by air, i.e. through KLM Cargo and in all the four cases, the notified party/purchaser of the jewellery was F.M. Mir Jewellers of the United Kingdom. In all the four cases, there was total loss/misdelivery of the consignments of jewellery and all the four complainants/exporters did not receive any payments through the bank, namely National Westminster Bank (Nat West Bank, in short) to which all the export documents were sent by the complainants/exporters through banks in Delhi. In all the four cases, the Nat West bank misplaced/lost the documents.

(3.) In the present case the complainant firm exported 6.512727 kgs of plain gold jewellery of fineness 22 kt (kdm soldered) as per invoice No. NEPZ/BSE/96-97/767 dated 9.10.1996 of CIF value US $ 82,690.00 from Delhi to Birmingham.